Abstract

In the gloss to the Supreme Court judgment of 9 September 2022, II CSKP 323/22, its substantive and procedural theses have been approved. According to them, the fact that as a result of an eviction case an elderly and ailing parent had to leave the family home, followed by breaking off contacts, may justify deprivation of the right to receive a legitim (Art. 1008(3) of the Civil Code). The burden of proving the actual nature of the cause of disinheritance in a case initiated by a plaintiff belonging to the group of persons entitled to a reserved share (Art. 991 § 1 of the Civil Code) rests with the defendant heir (Art. 6 of the Civil Code). It is up to the plaintiff to prove that failure to fulfil family obligations towards the testator was caused by his reprehensible attitude (Art. 6 of the Civil Code). On the other hand, it has been considered unjustified to issue a cassation judgment after it has been found that there had been grounds for disinheriting the plaintiff A.S. (1)